Matter of Sinclair v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Superintendent of Sullivan Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

After delivering trays of meat from the kitchen to a correction officer stationed at a cellblock, petitioner stood in the sally port of the cellblock waiting for the gate to be opened so that he could leave the area. Growing impatient, petitioner demanded that he be let out of the sally port. When the officer told…